CHAKRAVARTTI, C. J.

( 1 ) THIS is an appeal from an order of S. R. Das Gupta J. , dated 11/2/1952, by which the learned Judge dismissed the appellant's application under Section 34, Arbitration Act, and refused to stay a suit instituted by the respondent.

( 2 ) THE facts are as follows: On 8/1/1951, the appellant, Birla Jute Manufacturing Co. Ltd. , entered into a contract with the respondent, Dulichand Protapmull, for the purchase of 250 bales of jute, each weighing 400 lbs. , at Rs. 225/- per bale, the goods to be delivered free at the buyer's Mill Ghat for shipment within one month. The Sold Note was signed by a firm of brokers, named Jaichandial Dugar.

( 3 ) AT the relevant time, the Raw Jute (Central Jute Board and Miscellaneous Provisions) Ordinance, West Bengal Ordinance No. 17 of 1950, was in force. Section 6 (1) of that Ordinance required any person intending to enter into a contract for the sale of raw jute with the owner of a jute-mill to apply to the Central Jute Board,"specifying the quantity, quality and trade description of such jute and such other particulars in respect thereof, if any, as may be prescribed". Section 6 (2) provided that the Board"shall, after con

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